RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070015251 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, retroactive award of Medical Additional Special Pay (MASP) for the period 25 February 2006 through 24 February 2007.

2.  The applicant states, in effect, that when he was ordered to active duty to fulfill active Army requirements, his MASP was not made for years 2006-2007 and 2007-2008.  Although he was authorized, he was never issued a contract for MASP pay.  He further adds that he subsequently received MASP payment for the year 2007-2008, but not for the year 2006-2007. 

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 February 2006;

	b.  Human Resources Command, St. Louis, Missouri, Orders
A-02-690120, dated 16 February 2006;

	c.  Memorandum, dated 25 April 2006, Madigan Army Medical Center, Tacoma, Washington, verification of active duty status;

	d.  Human Resources Command, St. Louis, Missouri, Orders 23-1-A-107, dated 28 April 2006, Regular Army Appointment Orders; and

	e.  Electronic mail (email) exchange between the applicant and Office of the Surgeon General, dated 10 October 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a United States Army Reserve (USAR) commissioned officer in the Medical Corps on 1 July 1989. He was subsequently promoted to lieutenant colonel (LTC/O-5) on 30 June 1993 and to COL/O-6 on
1 December 1998.  He is currently serving a 24-month active duty tour which commenced on 25 February 2006.

2.  On 29 October 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  He served in Iraq during the period 27 December 2004 through 27 November 2005.  He was honorably released from active duty on 24 February 2006 for completion of required active service.

3.  On 17 February 2006, U.S. Army Human Resources Command, St. Louis, Missouri, published Orders A-02-603914, ordering the applicant to active duty for a period of 2 years to fulfill active Army requirements, effective 15 March 2006 (early report was authorized).  He was reappointed in the Regular Army and reentered active duty on 25 February 2006 in the rank and pay grade of COL/O-6 and was assigned to Madigan Army Medical Center, Tacoma, Washington.  His active duty service obligation is scheduled to expire on 24 February 2008.

4.  A review of the applicant's military pay account indicated no record of any MASP agreement submissions for years 2006-2007 or 2007-2008.  Policy states that the MASP agreement requires execution and submission by the officer, through their chain of command, for payment.  Officers must execute their agreement no earlier than 90 days, but no later than 30 days from the effective date.  After that period, date of signature becomes the new effective date.  

5.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA on 12 December 2007.  The Chief, AMEDD Special Pay Branch, had no objections to payment of this agreement.  He stated that the applicant is requesting payment of his MASP agreement at $15,000 for the period 25 February 2006 through 24 February 2007, due to the supporting military personnel office failing to prepare the agreement for the applicant to execute for submission and payment.  A review of the applicant's military pay file indicated no record of an MASP agreement submission for the period indicated.  Although the applicant must bear the responsibility for his part of the agreement execution and submission, this outstanding MASP entitlement for the period requested is based on time being served and failure of the local supporting military personnel office to support the applicant's requested actions.  The Chief, Special Pay Branch further stated that the applicant received all contractual payments authorized with the exception of one year obligatory MASP agreement for $15,000 per year for the period 25 February 2006 through 24 February 2007.

6.  The applicant was provided a copy of this advisory opinion for comments on 18 December 2007.  He concurred on 22 December 2007.

7.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the armed forces.  For Army Medical Corps officers (Physicians), these special pays are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps officers monthly upon entry on active duty; 2) Board Certification Pay 
(BCP) which is paid monthly to all board certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date (HPPED); 3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one-year active duty obligation that can be served concurrently with all other obligations; 4) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a one-year active duty obligation that may be served concurrently with all other obligations; and 5) Multi-year Special Pay (MSP) which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty.  This pay (i.e., MSP) is authorized concurrently with MASP and ISP.

8.  The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP provided they are not undergoing initial residency training.  In order to qualify for MASP, an agreement must be signed to remain on active duty for at least 1 additional year from the effective date of the agreement.  The MASP is paid annually in a lump sum effective the date of the agreement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is a medical officer who entered active duty on 25 February 2006 for a period of 2 years.  He was authorized MASP but never signed or executed any MASP agreements.  The OTSG opined that the applicant's military pay file indicated no record of MASP contract submission and advised the applicant's request should be granted.

2.  It appears that the applicant was not given the opportunity to sign for his MASP contract upon entry on active duty on 25 February 2006, due to an oversight by the supporting/servicing military personnel office.  However, the evidence shows the applicant was fully eligible for entitlement to a MASP agreement for $15,000 per year for the period 25 February 2006 through 24 February 2007, based on time being served.  

3.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicant’s records as indicated below.



BOARD VOTE:

__jev___  __tmr___  __jcr___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual concerned is authorized payment of Medical Additional Specialty Pay of $15,000 year for the period 25 February 2006 to 24 February 2007.



							James E. Vick
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.